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Forced Labour Convention, 1930 (No. 29) - Iceland (RATIFICATION: 1958)
Protocol of 2014 to the Forced Labour Convention, 1930 - Iceland (RATIFICATION: 2017)

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The Committee welcomes the ratification by Iceland of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Implementation of the National Action Plan. The Committee notes the Government‘s indication in its report that in 2019, a new National Action Plan (NAP) to Combat Human Trafficking was adopted. The Committee notes that the NAP includes 10 actions which focus on prevention, protection, prosecution, and partnership in the field of countering trafficking in persons. The Government further refers to the establishment of a steering group to implement and monitor the actions set out in the NAP. The Committee requests the Government to provide information on the measures taken for the implementation of the various components of the NAP. It also requests information on any assessment undertaken by the steering group of the results achieved in combatting trafficking in persons and the difficulties encountered.
2. Identification and protection of victims. The Committee notes the Government’s information on the establishment in 2020 of a National Referral Mechanism to improve the identification of victims of trafficking and other forms of exploitation and to ensure their protection. The Government further indicates that as of 2020, the Bjarkarhlíð Family Justice Centre has established a specific team that coordinates action to provide victims and potential victims of trafficking with assistance services, including housing, financial aid, and social and legal counselling. Since 2020, the team of the Bjarkarhlíð Family Justice Centre identified 12 cases of trafficking in persons for the purposes of labour and sexual exploitation, all involving people of foreign origin. The Government also refers to the guidelines adopted by the Directorate of Immigration and the Directorate of Labour concerning the identification of victims of trafficking when visiting workplaces.
The Committee notes that in its 2019 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Iceland referred to reports of labour exploitation of migrant workers, in particular in the booming construction, tourism and catering sectors (paragraph 13). Similarly, in the 2022 concluding observations as regards trafficking in persons, the United Nations Committee against Torture (CAT) expressed concern at reports that further protection of migrant workers against exploitation is needed (CAT/C/ISL/CO/4).
The Committee encourages the Government to continue to strengthen the knowledge and cooperation between the different stakeholders to ensure a better identification of cases of trafficking for both sexual and labour exploitation, in particular among migrant workers, and requests the Government to provide information in this regard as well as on the protection and assistance provided to victims. The Committee also requests the Government to indicate the number of victims of trafficking who have been identified and those who have benefited from assistance services with an indication of the type of assistance provided (for example, accommodation, health services, residence permits, legal services, compensation).
3. Law enforcement and application of effective sanctions. The Committee notes from the Government’s report that section 227(a) (trafficking in persons) of the Penal Code has been amended by Act No. 79 of 2021 to explicitly cover trafficking in persons for the purposes of prostitution, slavery or servitude and begging as well as to include additional means of coercion, such as the abuse of a superior position against an individual. The Government points out that the 2021 amendments aim at strengthening protection of victims of trafficking and facilitating prosecution and punishment of trafficking in persons offences. The Government also refers to a number of measures taken to improve the efficiency of investigations and prosecutions of trafficking in persons, including by conducting trainings for law enforcement bodies. According to the Government, there were 17 cases of trafficking in persons registered by the police in 2020; 14 in 2021; and 16 in 2022. The Committee observes from the Government’s report that there have been no cases of convictions under section 227(a) of the Penal Code as regards trafficking in adults since 2010.
The Committee further notes that the CAT, in its 2022 concluding observations, expressed concern at the mere handful of prosecuted cases concerning the offence of trafficking compared to the number of potential cases that had been reported (CAT/C/ISL/CO/4).
The Committee requests the Government to provide information on the measures taken to ensure that all cases of trafficking in persons, for both labour and sexual exploitation, are subject to thorough investigations, so as to facilitate the prosecution and conviction of perpetrators, as provided under Article 25 of the Convention. The Committee requests the Government to continue to provide information on the number of investigations, prosecutions, convictions as well as the specific penalties applied under section 227(a) of the Penal Code.

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. In its previous comments, the Committee noted the 2003 amendments to the Penal Code providing for the offences related to trafficking in persons under section 227(a), as well as the amendments to other texts, for example the Police Act, the aim of which is, inter alia, to fight organized crime, including trafficking in human beings. The Committee also noted the measures undertaken by the Government regarding awareness-raising and multi-stakeholder cooperation.
The Committee notes the Government’s information in its reports that, in 2010, section 227(a) of the Penal Code was amended to add the criminalization of acts of forging travel or identity documents for the purpose of enabling trafficking. The Committee also notes from the 2014 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Iceland (hereafter “the 2014 GRETA report”) that, in 2011, the maximum penalty for trafficking was increased from eight to 12 years’ imprisonment (GRETA(2014)17, paragraph 12). The first and only conviction for a trafficking offence was delivered in 2010, concerning five Lithuanian men accused of trafficking a 19-year-old Lithuanian woman in the autumn of 2009. One perpetrator was sentenced to five years’ and the other four to four years’ imprisonment (paragraph 175). The Committee notes the Government’s information that no legal proceedings have been recorded since then.
The Committee notes from the Government’s reply in October 2017 to the Questionnaire for the second round evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (hereafter “the Government’s 2017 reply to the GRETA”) that trafficking for both labour and sexual exploitation has been found occurring. Victims were predominantly from the Baltic States, while some from South America were also identified. In recent years, authorities have put greater focus on labour exploitation through joint inspection activities of the police, tax authorities and labour inspectors on work sites where potential risk of forced labour is identified. A human trafficking team was formed at the Department of Labour and work procedures were put in place. The metropolitan police also established an investigation unit focused on human trafficking and prostitution (GRETA(2017)31, pages 3 and 4). The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons. It also requests the Government to continue providing information on the application of section 227(a) of the Penal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.
2. Plan of action and monitoring mechanism. The Committee notes the Government’s indication that the first National Action Plan against Human Trafficking was adopted in 2009, covering the period of 2009–12. The Committee also notes from the 2014 GRETA report that the second National Action Plan was adopted, covering the period of 2013–16 (paragraph 18). According to the Government’s 2017 reply to the GRETA, the development of a new action plan is on the agenda. In 2016, the Ministry of Justice established a consultation forum, consisting of the Ministry of Welfare, Police, Directorate of Immigration, Social Services of Reykjavik City, Human Rights Centre, trade unions and the Red Cross, in order to consult and cooperate on the development and implementation of the anti-trafficking policy (page 3). The Committee requests the Government to provide information on any progress made regarding the adoption of the third National Action Plan. It also requests the Government to provide information on the activities of the Consultation Forum established by the Ministry of Justice, including any results achieved in this regard.
3. Identification and protection of victims. The Committee notes from the Government’s 2017 reply to the GRETA that, in 2015, the Ministry of Welfare formed two inter-agency teams to provide the needed assistance and services to victims of trafficking: (i) a cooperation and coordination team, consisting of a wide range of representatives from several ministries and NGOs, to provide an overview of the situation regarding the provision of welfare services to victims and lay out a general process when a victim is identified; and (ii) an operational team to call ad hoc gatherings concerning individual cases and to ensure the provision of welfare services to the victim. Since December 2014, the Ministry of Welfare, in cooperation with the Women’s shelter in Iceland, ensures all female victims a temporary safe house. The Human Rights office provides the victims with free legal assistance (page 4). The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from such protection.

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Articles 1(1) and 2(1) of the Convention. Measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation. The Committee has noted the information provided by the Government in reply to its earlier comments on the subject. It has noted, in particular, the Government’s indications concerning the amendments to the Penal Code punishing the offences related to trafficking in persons, as well as the amendments to other texts, such as, for example, the Police Act, the aim of which is, inter alia, to fight organized crime, including trafficking in human beings.

In its previous direct request, the Committee noted from the Government’s 2004 report that Iceland’s campaign against trafficking in women was launched in February 2003 and that a working group on trafficking had been created, with participation of various governmental and non-governmental organizations, which was coordinated by the Ministries of Justice and Social Affairs. The Committee requested the Government to provide certain information on the carrying out of the anti-trafficking campaign. The Government’s report contains no such information. The Committee again requests the Government to provide information on the anti-trafficking campaign and on the activities of the working group referred to above, including copies of any reports, studies and inquiries, as well as available statistics, in its next report. Please also provide information on the application in practice of the amendments to the Penal Code referred to above, including information on any legal proceedings which might have been instituted in connection with trafficking in persons for the purpose of exploitation and on any penalties imposed on perpetrators.

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Measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation. The Committee notes the information provided by the Government in reply to its previous direct request on the subject. It notes with interest the practical measures undertaken by the Government to combat trafficking, in cooperation with the governments of the Nordic and Baltic countries, and in particular Iceland’s campaign against trafficking in women which was launched in February 2003, as well as the creation of a working group on trafficking, with the participation of various governmental and non-governmental organizations, which is coordinated by the Ministries of Justice and Social Affairs.

The Committee also notes with interest the adoption, in March 2003, of the amendments to the Penal Code, under which trafficking in persons is punishable by sanctions of imprisonment for a term of up to eight years.

The Committee would appreciate it if the Government would provide, in its next report, information on the carrying out of the anti-trafficking campaign and on the activities of the working group referred to above, including copies of any reports, studies and inquiries, as well as available statistics. Please also provide information on the application in practice of the abovementioned amendments to the Penal Code, including information on any legal proceedings which have been instituted in connection with trafficking in persons for the purpose of exploitation and on any penalties imposed on perpetrators.

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The Committee has noted the information provided by the Government in reply to its 2000 general observation concerning measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation. The Government indicates that Iceland has experienced being a transit country for trafficking in women from Europe to the United States, and a number of foreign women come each year to Iceland to work as striptease dancers in clubs; some of them might be forced into prostitution. The Committee has noted the practical measures undertaken by the Government to combat trafficking, in collaboration with the social partners and in cooperation with the governments of the Nordic and Baltic countries, as well as the Government’s statement that it is hoping soon to introduce national legislation against trafficking in human beings.

The Committee would be grateful if the Government would continue to provide, in its future reports, information on measures taken or envisaged in this field and, in particular, information on the activities of the working group set up in connection with the campaign against trafficking in women referred to by the Government in its report. Please also provide a copy of the legislation against trafficking in human beings, as soon as it is adopted.

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